Retired HC Judges Elevated From Bar To Get Addl Pensionary Benefits With Retrospective Effect From 1.4.2004
Live LawTwo and half years after a Supreme Court ruling to include the benefit of 10-year practice as an advocate for computing judges’ pension, the Law Ministry has announced an increase in pensionary allowance for retired judges elevated from the Bar with retrospective effect from 1 April, 2004.In P Ramakrishnam Raju vs. Union of India, the apex court in March 2014, had declared that for. Two and half years after a Supreme Court ruling to include the benefit of 10-year practice as an advocate for computing judges’ pension, the Law Ministry has announced an increase in pensionary allowance for retired judges elevated from the Bar with retrospective effect from 1 April, 2004. However, in respect of Part-I High Court Judges retired prior to 1.4.2004, this benefit is to be reckoned from 1.4.2004.” In P Ramakrishnam Raju case, the three-judge bench headed by then Chief Justice of India P Sathasivam had held: “When persons holding constitutional office retire from service, making discrimination in the fixation of their pensions depending upon the source from which they were appointed is in breach of Articles 14 and 16 of the Constitution.” Speaking to LiveLaw Justice Sirijagan said that this notification is actually a clarification in respect of judges who retired prior to 1.4.2004. The Supreme Court expressed displeasure, pursuant to which the present notification was issued making the benefit applicable to judges who retired prior to 1.4.2004 also, with effect from 1.4.2004.
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